Please view the rules and regulations below by clicking each bar.
As a vital part of the economy, the mission of the Prescott Farmers Market is to support and expand local agriculture, cultivate a healthy community and increase access to affordable local food.
Statement of Purpose
- To give agricultural producers of Yavapai County and Arizona alternative marketing opportunities that help them to sustain their local, family businesses;
- To serve as a business incubator by giving producers an opportunity to test and refine their products and marketing skills with minimal investment;
- To build community by bringing farmers and urban consumers together to deal directly with each other, allowing them to trust, know, and learn from one another;
- To improve the variety, freshness, taste, and nutritional value of produce available in the Prescott area;
- To provide an educational forum for consumers to learn the uses and benefits of quality, locally grown, and prepared food products;
- To support a clean environment through good agricultural practices, which preserves open space, water, soil, and biodiversity, and reduces fossil fuel use by minimizing the distance that food travels;
- To contribute to the local economy by keeping food dollars in the community;
- To enhance the quality of life in the greater Prescott area by providing a community activity that fosters social gathering and interaction;
- To ensure food security – by supporting local farms today, there will be farms in the community tomorrow and future generations will have access to nourishing, flavorful, and abundant food.
The Prescott Farmers Market (PFM) is a nonprofit 501(c)3 operated by a Board of Directors. The Board is elected by the members of PFM. Members are informed of their membership status in writing before the close of the market each season. Members may nominate any individual to serve on the board. Board members need not be agricultural members. Members may vote for new Directors of the Board at the annual meeting in October. Membership warrants one vote. A member in good standing shall meet the following requirements:
A. The owner or primary corporate officer of a participating entity must be a resident of Yavapai County, or an out-of-county vendor who serves as a director for a full term of three years.
B. Who has paid applicable market fees to the organization by September 1 of the preceding season.
C. And whose main product(s) must be an agricultural product grown/harvested/produced in Yavapai County by said member. Products can include, but are not limited to, fruits, vegetables, grains, honey, meats, milk and milk products and other items deemed by the Board of Directors to be considered locally produced agricultural goods.
Application Process and Fees
A. Applications for the summer market must be received by April 15 of the year for which you are applying. After April 15, a $25.00 late fee applies. Applications must include:
- Completed and signed application, by which the vendor agrees to abide by the PFM Rules and Regulations.
- Complete and accurate crop or product plan.
- Copy of general and product liability insurance.
- Check, money order, or paypal payment for $50.00 (per 10×10’ booth) for summer markets and $25.00 for winter market.
- Copy of all applicable licenses and permits necessary to sell.
B. All vendor applications will be reviewed by the Managing Director and if necessary the Market Operations Committee, which is appointed by the Board of Directors.
C. All vendors must receive written approval by the Managing Director or Market Operations Committee before selling at the market. No vendor will receive written approval prior to receipt of all application components. The Managing Director and Vendor Selection Committee have the right to accept or reject any applicant. If an application is rejected, all fees will be refunded.
D. All products sold must be grown or produced by the vendor or his/her employee. Only the products listed on the crop plan or product plan will be allowed for sale. Changes to the crop/product plan must be submitted in writing and approved in writing by the Managing Director or Market Operations Committee before selling the proposed addition.
E. Applications submitted after the application deadline will be reviewed on a monthly basis and admitted as space permits and as proposed product fits into overall market mix. Late applicants will also be charged a $25 late fee.
F. PFM offers a “community booth” to short-term vendors. This is a shared booth space. Community booth vendors are required to pay the 10% of daily sales, are subject to farm/production site inspections, and must carry product and liability insurance. PFM will provide a shared tent and a three-foot table for up to four vendors at a time on a first come, first serve basis. There is no upfront seasonal fee for use of the community booth for up to four weeks. On the fifth week, the $50 seasonal fee will be charged to the vendor and the vendor will move to his/her own space and furnish his/her own tent and table.
G. Vendors are accepted into the market on an annual basis. Acceptance into the market in a previous year does not ensure that the vendor will be accepted in future years.
All vendors must provide PFM with a copy of General and Product Liability insurance, naming Prescott Farmers Market, Inc., as additional insured, in the amounts of $1 million/occurrence, $2 million total.
Municipal Permitting – Privilege and Use Fees
Each vendor attending the Prescott Farmers Market should determine whether sales at the market are subject to municipal taxes. PFM cannot give tax advice or legal advice. Vendors with questions are encouraged to contact a qualified tax consultant. The Prescott Farmers Market in cooperation with each municipality shall maintain requisite permits to operate the markets as not-for-profit events.
A. The City of Prescott
The Prescott Farmers Market, as a sponsoring not-for-profit group obtains and pays for a “Non-profit permit” from the City of Prescott Tax & Licensing. The City of Prescott currently requires all non-exempt vendors to pay a privilege and use tax. Properly licensed vendors already paying city privilege and use tax are not exempt from the fee, but may pay the fee in lieu of paying the otherwise applicable fee based upon sales at the market. We are still working with the City to come to an agreement on this non-refundable event fee.
Exemptions from the fee are as follows: 1) Vendors who are producers selling their own food products are exempt. Producers and food products are defined by ARS §3-561. 2) Vendors who are not-for-profit entities are exempt.
B. The Town of Chino Valley
The Prescott Farmers Market, as a sponsoring not-for-profit group, obtains a business license from the town. There is no fee to the market as a not-for-profit entity. It is incumbent upon each vendor to determine whether the vendor is subject to the town’s licensing and tax requirements.
C. Special Events Permit:
All vendors selling processed foods must complete a Special Events Permit Application and return it to the Yavapai County Community Health Services office. You may need to pay an additional fee if you sample foods at the market or sell prepared or processed foods. Vendors also must keep a food handler’s card/certificate on hand at all times while selling at the market. It is the vendor’s responsibility to comply with these rules; inspectors frequent the market to ensure compliance. Please visit the Yavapai County Community Health Services website (http://www.yavapaihealth.com/?page_id=369) or call with any questions at 928-771-3149.
A. The PFM is a producer only-market. Absolutely no reselling is permitted.
- If you buy and resell a product that you also produce yourself, you may not sell that category of product at the Prescott Farmers Market.
For example: If you grow red apples, but you also buy red apples for resale to supplement your other sales, you may not sell any red apples at the Prescott Farmers Market, even if they are your own.
- Gleaned product may be permitted with sufficient proof of source, as determined by the Managing Director on a case-by-case basis. This may include an onsite visit during the application process.
B. PFM reserves the right to accept or reject any vendor. Acceptance into PFM is based on the following list of acceptable products:
1. Agricultural Products – that are raised by the producer in Yavapai County and which may include:
a. Vegetables and fruits
b. Flowers, herbs, plants, and nursery crops
c. Nuts, seeds, and grains, which are unprocessed
d. Meat, eggs, and unprocessed dairy products (further regulations may apply)
e. Honey, wool, and other unprocessed animal product
a. Herbal, therapeutic and toiletry products: a minimum of 10% of the ingredients used in each individual product must be grown or legally wild harvested in Arizona. Product lists including ingredient lists must be submitted with application and ingredient sourcing should be listed to show ability to comply with percentage of Arizona grown requirements. Water does not count as an Arizona-grown ingredient.
b. All other crafts: 80% of each individual craft item must be an agricultural product grown or legally wild harvested in Arizona. Product plans including ingredient lists must be submitted with application and ingredient sourcing should be listed to show ability to comply with percentage of Arizona grown requirements.
3. Prepared, processed and prepackaged food
a. A minimum of 10% of the ingredients used in each product must be grown or legally wild harvested in Arizona. A product plans including ingredient lists must be submitted with application and ingredient sourcing must be listed to show ability to comply with percentage of Arizona-grown requirements.
b. All processed food must be produced in a health department-approved kitchen and vendor must have a license in their individual or company name. Licenses must be on file with Managing Director and on display at the market or available for review at all times.
c. Vendors qualifying for sales of baked goods to the public under the Cottage Food Law are exempted from the above-mentioned certified kitchen requirement, but must follow guidelines set by the Yavapai County Community Health Services. It is the vendor’s responsibility to provide PFM with appropriate documentation upon application and on display at the market, or be available for review at all times.
d. All products sold at the market must be produced by the vendor or his or her company. Repacking and co-packing are not permitted. Pre-packaged drinks, excluding bottled water, are not allowed for sale at the market.
4. Food Contractors – additional food vendors may be solicited by the PFM to sell products that enhance the mission of the PFM, in its sole discretion.
5. Nonprofit Organizations
a. Nonprofit organizations offering services and information of general interest to PFM’s customers are admitted by PFM by invitation only. Nonprofits interested in attending the market should fill out a Nonprofit Inquiry Form. The vendor selection committee will consider compatibility with PFM’s mission in determining admittance. Political and religious advocacy organizations are excluded from participating in the PFM.
b. Nonprofit booths are not permitted to sell any products, unless it is for fundraising purposes and the Managing Director approves the products in writing.
c. Nonprofit organizations are required to submit an application including proof of liability insurance and a $25.00 booth fee for the season.
- If you buy and resell a product that you also produce yourself, you may not sell that category of product at the Prescott Farmers Market.
- Representatives of the PFM shall have the right to conduct inspection(s) of the production areas of the products sold by a vendor at the Market. An inspection may include ownership information and any other information relevant to determining product legitimacy. An owner, operator, or person listed on the application must be on hand and assist during site inspection.
- Recipes and receipts for processed and crafted product ingredients must be on file and available during the inspection.
- Date and time of inspection shall be agreed upon by the vendor and PFM representative. Follow-up or surprise inspections may be conducted without prior notice as deemed necessary by a PFM representative.
- Failure to allow an inspection will constitute a violation of PFM rules and the procedures outlined under “Section IX” will be followed.
Market Day Operations and Rules
- On the first day of market season, vendors will be assigned spaces by the Managing Director. Attempts will be made to assure vendors maintain the same approximate space each week. Due to concerns of market esthetics, vendors’ spaces may be moved by the Managing Director throughout the season. Space assignments may also be moved due to late arrivals, special events, and fluctuation in overall size of the market.
- Vendors must occupy their assigned space(s) at least 30 minutes prior to the opening of the market or the Managing Director may assign the space to another vendor. Vendors are expected to notify the Managing Director of intended absences at least 24 hours in advance. Two absences or late arrivals without prior notice will result in revocation of seasonal space assignments.
- All onsite decisions by the market manager are final and binding. Any appeals must follow the procedures outlined in “Section X.”
- Vendors will pay 10% of their daily sales to PFM at the close of each market day. Vendors will report to the information booth to pay daily sales and a receipt will be issued immediately following the closing bell the day of the market. PFM relies on the honor system for vendor daily sales reporting. PFM reserves the right to randomly audit vendor sales as deemed necessary. Any vendor whose audit numbers call into question historical income misreporting may be subject to removal from the market at the sole discretion of the PFM Board of Directors.
Selling for Another Vendor
- A vendor or his or her employees can sell another vendor’s products provided the following criteria are met:
- The other grower/producer is a currently approved PFM vendor.
- Products being sold adhere to the rules set forth in “Section VI” and were not purchased, traded or bartered for.
- Income is reported separately for each vendor.
- The other vendor’s products are clearly marked as their own at the point-of-sale, and all necessary documents are available upon request from any PFM representative at any time.
- Vendors may begin setting up ninety minutes prior to market opening, and breakdown must begin promptly at closing with complete cleanup of booth area finished within one hour.
- Vendors will sell at designated booth space and maintain the space in a sanitary and safe condition.
- Vehicles may park behind booth space that can accommodate a vehicle without disrupting the market. For booth spaces that cannot accommodate a vehicle, vendors may bring in vehicles for unloading, provided the vehicle is removed from the market area at least 30 minutes prior to market opening. Vendors may not park a vehicle larger than their designated space behind their booth.
- Late arrival participation will be contingent on available space. Vendors who arrive late must park outside of designated market boundaries and carry product to booth space.
- Vendors are responsible for the safety and behavior of their children and animals.
- Vendors are responsible for weighing tents and umbrellas with at least 20 pounds of weight on each tent leg. Weights must be suspended off the ground to sufficiently eliminate wind disruption and danger. Vendors are liable for any damage occurring from their personal property. A vendor that does not supply their own weights may rent them from PFM (if available) or will be required to take down their tent. Weight rental fees are $10 per weight, per market.
- The Prescott Farmers Market adheres to public health and sanitation standards. Vendors are responsible for doing the same.
General Market Rules
. Vendors may not begin selling before the opening bell at 7:30am and must stop at the closing bell at 12:00pm.
- Pre-market sales, post-market sales, and early breakdown are only allowed with verbal permission from the Market Manager.
- All permits necessary to sell must to be on display or available for review at all times.
- All scales must bear a current seal from the Dept. of Weights and Measures.
- Signs will be accurate and truthful.
- Vendors who market their products as “organic” must provide proof of certification to Market Manager and have certificate on display.
- Music played must not be disruptive to neighboring booths or to the overall market.
- “Approved Growers,” who are registered with the AZFMNP, shall be the only vendors to accept checks from the Arizona Farmers Market Nutrition Program (AZFMNP).
- The PFM distributes tokens that are purchased by customers with SNAP Benefits (blue tokens) or check, credit/debit cards (green tokens). Blue tokens may only be accepted for eligible food purchases. Green tokens may be accepted for any purchase. Tokens received should be included in vendors’ 10% fees at the end of the market day, or if necessary, reimbursed for cash at the end of the market day at the Information Booth. PFM is not responsible for accepting or exchanging blue tokens from non-food vendors.
- The PFM does not allow the solicitation of signatures for political organizations or individuals.
Enforcement of Market Rules
- Vendors and management are expected to maintain high standards of honesty and respect toward one another and customers and to conduct themselves in a courteous and helpful manner. Rudeness and dishonesty are grounds for suspension from the market.
- The Executive Director and board president have discretion to make any on-site decisions regarding market violations.
- Any vendor violating the above stated rules and regulations of the PFM or the regulations of Yavapai County Community Health Services or other local, state, or federal agencies will be issued a verbal warning by the managing director or board president. If the problem is not corrected in a timely manner, a written warning will be issued. A violation that occurs after issuance of a written warning shall result in written expulsion from the market. It is possible for all of this to occur in a single market day. Expulsion is permanent unless the vendor is reinstated by the Board of Directors.
- Violation of PFM rules discovered during an inspection may result in a written warning or advisement of expulsion depending on the severity of the violation. Vendors who are expelled from the market may not return unless reinstated by the Board of Directors. Vendors who are expelled from the market due to violations found during inspections will not be refunded any application or booth fees.
- Any person wishing to file a complaint about the market or an individual vendor must do so in writing to the PFM Board of Directors. Forms will be available on site at the market’s Information Booth.
- Any serious violations or illegal activity will be reported to the proper authorities.
- Vendors have the right to appeal any decision of a notice of violation or expulsion to the PFM Board of Directors.
- Appeals must be received in writing by the Board of Directors within two weeks of the violation/expulsion date.
- Appeals should contain an explanation of the situation, grounds of the appeal, and proposed solution.
- The board will respond to the appeal at the next regularly scheduled meeting.
- An in-person meeting between the vendor and the board may be granted to discuss the appeal at the discretion of the board of directors.
- Decisions of the board of directors are final and binding.
- Vendors who are expelled from the market may only be readmitted by a majority vote of the board of directors.
Board Meeting Protocol
- Call for Public Comments: guests will be given three minutes to present at the beginning of the meeting, after which they are welcome to stay, but will move to the visitor area. Alternately, the board may decide to let visitors remain at the table, but visitors must respect board process by allowing all board members to speak before expressing their own opinions.
- Guest presenters needing more time must be put on the agenda prior to the meeting, and request a specific amount of time. After the presentation, they are requested to abide by visitor protocol.
- Only board members are allowed speak during the regular board meeting process.
- Each board member will have an opportunity to respond to agenda items before open discussion begins.
- Unresolved items or those that require more time can be moved into committee groups or tabled until the following meeting.
- The Board President can call to move the meeting to an executive session, requesting that all guests and employees please exit.
Resources and Contacts
Yavapai County Community Health Services (prepared foods): Bud Nollet: (928) 442-5597
Farmers Market Nutrition Program (WIC, Senior Nutrition checks): Geni Acosta (602) 542-0379, geni.Acosta@azdhs.gov
Department of Weights and Measures (scales): (602) 771-4920 or (800) 277-6675
Arizona Department of Agriculture (meat and dairy): Leatta McLaughlin: firstname.lastname@example.org
AZ Department of Revenue (Transaction Privilege & Taxes): (602) 255-3381
Tax Department – City of Prescott: (928) 777-1268